Proposed Property Maintenance Code Amendments modifying requirements for battery operated smoke alarms and amendment to require GFCI protectionCity of Dubuque
City Council Meeting
ITEM TITLE:
SUMMARY:
Copyrighted
September 3, 2024
Action Items # 01.
Proposed Property Maintenance Code Amendments modifying
requirements for battery operated smoke alarms and an amendment to
require GFCI protection for receptacles that are closer than six feet from
a water source.
City Manager recommending City Council adopt property maintenance
code ordinance amendments with respect to battery powered smoke
alarm and to modify GFCI requirements.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1 Building Codes, Article J Property
Maintenance Code, Section 14-1 J-2 International Property Maintenance
Code Amendments
SUGGESTED Suggested Disposition: Receive and File; Motion B; MotionA
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Section 14-1J-2 Amendments Ordinance
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
All -America City
1IIr
II
2007.2012.2013
2017*2019
SUBJECT: Proposed Property Maintenance Code Amendments modifying
requirements for battery operated smoke alarms and an amendment to
require GFCI protection for receptacles that are closer than six feet from a
water source.
DATE: August 29, 2024
Housing & Community Development Director Alexis Steger is recommending City
Council adopt property maintenance code ordinance amendments with respect to
battery powered smoke alarm and to modify GFCI requirements.
Smoke Alarm Changes
Iowa Administrative Code, 661 Chapter 210, requires that new or replacement battery -
powered smoke alarms have a sealed, tamper -resistant 10-year battery. Additionally,
starting on December 23, 2024, assisted housing units must comply with the standards
set forth in the National Standards for the Physical Inspection of Real Estate (NSPIRE).
These standards require that units receiving federal assistance must have smoke
alarms that are either hardwired or equipped with a sealed, tamper -resistant 10-year
battery, in accordance with the Public and Federally Assisted Housing Fire Safety Act.
We are proposing a phased approach to achieve compliance with the required changes.
This will allow property owners time to create a plan to implement replacement of all
non -conforming smoke alarms.
Starting December 23, 2024, all assisted housing units will be required to have either
hardwired or sealed, tamper -resistant 10-year battery smoke alarms. These will be
checked on rental inspections and property owners will be required to replace any non-
conforming smoke alarms.
Starting January 1, 2025, property owners installing new, or replacement smoke alarms
will be required to install either hardwired, or sealed, tamper -resistant 10-year battery
powered smoke alarms.
By January 1, 2030, all properties will be required to have either hardwired, or sealed,
tamper -resistant 10-year battery powered smoke alarms in place or will be required to
replace them.
Ground Fault Circuit Interrupter (GFCI) Changes
Starting on December 23, 2024, assisted housing units must comply with the standards
set forth in the National Standards for the Physical Inspection of Real Estate (NSPIRE).
These standards require that all receptacles within six feet of a water source be GFCI
protected.
It is anticipated that this change will be minimal, as many property owners have
proactively added GFCI receptacles in wet locations including around sinks, tubs and
showers. Since 1987, all bathrooms and kitchens remodeled under permit would have
required GFCI protection within 6 feet of a water source.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
WIT
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis Steger, Housing & Community Development Director
Michael Belmont, Assistant Housing & Community Development Director
2
Masterpiece on the Mississippi
Dubuque
All -America City
11111
20p? . 21112 . 21111
TO: Michael Van Milligan
FROM: Alexis Steger, Housing and Community Development
Department Director
SUBJECT: Proposed Property Maintenance Code Amendments modifying
requirements for battery operated smoke alarms and an amendment to
require GFCI protection for receptacles that are closer than six feet from a
water source.
DATE: August 15, 2024
INTRODUCTION
The purpose of this memorandum is to request the City Council adopt property maintenance
code ordinance amendments with respect to battery powered smoke alarm and to modify
GFCI requirements.
BACKGROUND
The International property maintenance code applies to all existing residential and non-
residential properties.
Smoke Alarm Changes
Building codes mandate that smoke alarms in new construction must be hardwired with a
battery backup. However, in certain situations, the codes permit smoke alarms to be solely
battery -powered. For existing buildings or remodels that do not involve opening the walls,
solely battery -powered smoke alarms are allowed. Building Codes (and most manufactures)
require that smoke alarms be replaced every 10 years. Building codes do not specify what
type of battery is required for battery powered smoke alarms.
Ground Fault Circuit Interupter (GFCI) Changes
In new construction, and for any changes to existing circuits, ground fault circuit interruption
is required in kitchens, baths, and other wet locations and at any location within six feet of a
water source. For existing receptacles, the International Property Maintenance code
requires ground fault circuit interruption only for laundry areas and at any new receptacles
installed in bathrooms.
DISCUSSION
Smoke Alarm Changes
Iowa Administrative Code, 661 Chapter 210, requires that new or replacement battery -
powered smoke alarms have a sealed, tamper -resistant 10-year battery. Additionally,
starting on December 23, 2024, assisted housing units must comply with the standards set
1
forth in the National Standards for the Physical Inspection of Real Estate (NSPIRE). These
standards require that units receiving federal assistance must have smoke alarms that are
either hardwired or equipped with a sealed, tamper -resistant 10-year battery, in accordance
with the Public and Federally Assisted Housing Fire Safety Act.
We are proposing a phased approach to achieve compliance with the required changes.
This will allow property owners time to create a plan to implement replacement of all non-
conforming smoke alarms.
Starting December 23, 2024, all assisted housing units will be required to have either
hardwired or sealed, tamper -resistant 10-year battery smoke alarms. These will be checked
on rental inspections and property owners will be required to replace any non -conforming
smoke alarms.
Starting January 1, 2025, property owners installing new, or replacement smoke alarms will
be required to install either hardwired, or sealed, tamper -resistant 10-year battery powered
smoke alarms.
By January 1, 2030, all properties will be required to have either hardwired, or sealed,
tamper -resistant 10-year battery powered smoke alarms in place or will be required to
replace them.
Ground Fault Circuit Interrupter (GFCI) Changes
Starting on December 23, 2024, assisted housing units must comply with the standards set
forth in the National Standards for the Physical Inspection of Real Estate (NSPIRE). These
standards require that all receptacles within six feet of a water source be GFCI protected.
It is anticipated that this change will be minimal, as many property owners have proactively
added GFCI receptacles in wet locations including around sinks, tubs and showers. Since
1987, all bathrooms and kitchens remodeled under permit would have required GFCI
protection within 6 feet of a water source.
REQUESTED ACTION
I respectfully request the City Council approve the amended ordinance to adopt the
proposed changes to the International Property Maintenance Code
Prepared by Michael Belmont
Assistant Housing & Community Development Director/ Building Official
Cc: Alexis Steger, Housing & Community Development Director
2
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 49 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY
MAINTENANCE CODE, SECTION 14-1J-2 INTERNATIONAL PROPERTY
MAINTENANCE CODE AMENDMENTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1 J-2 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the International
Property Maintenance Code, 2021 edition, adopted in section 14-1 J-1 of this article to
read as follows:
Section 605.2. Receptacles. Amended to read:
Every habitable space in a dwelling shall contain not less than two separate and
remote receptacle outlets. Every laundry area shall contain not less than one
grounding -type receptacle or a receptacle with a ground fault circuit interrupter.
Every bathroom shall contain not less than one receptacle. All receptacle outlets
within six feet (6') of any water source shall have ground fault circuit interrupter
(GFCI) protection. All receptacle outlets shall have the appropriate faceplate cover
for the location.
Exception: In lieu of every habitable space in a dwelling containing two separate
and remote receptacle outlets, one receptacle and a separate permanently
installed light fixture is allowable.
704.6.3 Power source. Amended to read:
704.6.3 Power source.
704.6.3.1 General
Single -station smoke alarms shall receive their primary power the building wiring
provided that such wiring is served from a commercial source and shall be
equipped with a battery backup. Smoke alarms with integral strobes that are not
equipped with battery backup shall be connected to an emergency electrical
system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall
be permanent and without a disconnecting switch other than as required for
overcurrent protection.
Exceptions:
1. Smoke alarms are permitted to be solely battery operated in existing
buildings where construction is not taking place, provided that the battery is
nonremovable, nonreplaceable and powers the alarm for at least ten years.
2. Smoke alarms are permitted to be solely battery operated in
buildings that are not served from a commercial power source, provided that
the battery is nonremovable, nonreplaceable and powers the alarm for at
least ten years.
3. Smoke alarms are permitted to be solely battery operated in existing
areas of buildings undergoing alterations or repairs that do not result in the
removal of interior walls or ceiling finishes exposing the structure, unless
there is an attic, crawl space or basement available that could provide
access for building wiring without the removal of interior finishes, provided
that the battery is nonremovable, nonreplaceable and powers the alarm for
at least ten years.
704.6.3.2 Battery -Powered Smoke Alarms in Federally Assisted Housing
After December 23, 2024, battery -powered smoke alarms listed in accordance with
UL 217 must be powered by a nonremovable, nonreplaceable battery that powers
the alarm for at least ten years if installed in any of the following federally assisted
housing:
1. Public Housing, Tenant -Based Assistance, And Project -Based
Assistance —The United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.)
2. Supportive Housing For The Elderly .—Section 202(j) of the Housing
Act of 1959 (12 U.S.C. 1701q(j))
3. Supportive Housing For Persons With Disabilities —Section 811(j) of
the Cranston -Gonzalez National Affordable Housing Act (42 U.S.C. 8013(j))
4. Housing Opportunities For Persons With AIDS. —Section 856 of the
Cranston -Gonzalez National Affordable Housing Act (42 U.S.C. 12905)
5. Rural Housing. —Title V of the Housing Act of 1949 (42 U.S.C. 1471
et seq.)
6. Farm Labor Housing Direct Loans & Grants. —Section 516 of the
Housing Act of 1949 (42 U.S.C. 1486)
704.6.3.3 Battery -Powered Smoke Alarm Replacement
After January 1, 2025, a battery -powered smoke alarm listed in accordance with
UL 217 that replaces an existing battery -powered smoke alarm must be powered
by a nonremovable, nonreplaceable battery that powers the alarm for at least ten
years.
Exception: The nonremovable, nonreplaceable battery requirements do not apply
to a fire alarm, smoke detector, smoke alarm, or ancillary component that is
electronically connected as a part of a centrally monitored or supervised alarm
system; that uses a low -power, radio frequency wireless communication signal.
704.6.3.4 Battery -Powered Smoke Alarm Compliance Date
On January 1, 2030 all existing battery -powered smoke alarms must be powered
by a nonremovable, nonreplaceable battery that powers the alarm for at least ten
years.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 3rd day of September, 2024.
Brad avanaayor
Attest:
Adrienne Breitfelder, City Clerk
EFFECT OF AMENDMENT
14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the International
Property Maintenance Code, 2021 edition, adopted in section 14-1J-1 of this article to
read as follows:
Section 605.2. Receptacles. Amended to read:
Every habitable space in a dwelling shall contain not less than two separate and
remote receptacle outlets. Every laundry area shall contain not less than one
grounding -type receptacle or a receptacle with a ground fault circuit interrupter.
Every bathroom shall contain not less than one receptacle. All receptacle outlets
within six feet (6') of any water source shall have ground fault circuit interrupter
(GFCI) protection. All receptacle outlets shall have the appropriate faceplate cover
for the location.
Exception: In lieu of every habitable space in a dwelling containing two separate
and remote receptacle outlets, one receptacle and a separate permanently
installed light fixture is allowable.
704.6.3 Power source. Amended to read:
704.6.3 Power source.
704.6.3.1 General
Single -station smoke alarms shall receive their primary power the building wiring
provided that such wiring is served from a commercial source and shall be
equipped with a battery backup. Smoke alarms with integral strobes that are not
equipped with battery backup shall be connected to an emergency electrical
system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall
be permanent and without a disconnecting switch other than as required for
overcurrent protection.
Exceptions:
4. Smoke alarms are permitted to be solely battery operated in existing
buildings where construction is not taking place, provided that the battery is
nonremovable, nonreplaceable and powers the alarm for at least ten years.
5. Smoke alarms are permitted to be solely battery operated in
buildings that are not served from a commercial power source, provided that
the battery is nonremovable, nonreplaceable and powers the alarm for at
least ten years.
6. Smoke alarms are permitted to be solely battery operated in existing
areas of buildings undergoing alterations or repairs that do not result in the
removal of interior walls or ceiling finishes exposing the structure, unless
there is an attic, crawl space or basement available that could provide
access for building wiring without the removal of interior finishes, provided
that the battery is nonremovable, nonreplaceable and powers the alarm for
at least ten years.
704.6.3.2 Battery -Powered Smoke Alarms in Federally Assisted Housing
After December 23, 2024, battery -powered smoke alarms listed in accordance with
UL 217 must be powered by a nonremovable, nonreplaceable battery that powers
the alarm for at least ten years if installed in any of the following federally assisted
housing:
1. Public Housing, Tenant -Based Assistance, And Project -Based
Assistance —The United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.)
2. Supportive Housing For The Elderly .—Section 202(j) of the Housing
Act of 1959 (12 U.S.C. 1701q(i )
3. Supportive Housing For Persons With Disabilities —Section 811(j) of
the Cranston -Gonzalez National Affordable Housing Act (42 U.S.C. 8013(j))
4. Housing Opportunities For Persons With AIDS. —Section 856 of the
Cranston -Gonzalez National Affordable Housing Act (12 U.S.C. 12905)
5. Rural Housing. —Title V of the Housing Act of 1949 (12 U.S.C. 1471
6. Farm Labor Housing Direct Loans & Grants. —Section 516 of the
Housing Act of 1949 (42 U.S.C. 1486)
704.6.3.3 Battery -Powered Smoke Alarm Replacement
After January 1, 2025, a battery -powered smoke alarm listed in accordance with
UL 217 that replaces an existing battery -powered smoke alarm must be powered
by a nonremovable, nonreplaceable battery that powers the alarm for at least ten
years.
Exception: The nonremovable, nonreplaceable battery requirements do not apply
to a fire alarm, smoke detector, smoke alarm, or ancillary component that is
electronically connected as a part of a centrally monitored or supervised alarm
system; that uses a low -power, radio frequency wireless communication signal.
704.6.3.4 Battery -Powered Smoke Alarm Compliance Date
On January 1, 2030 all existing battery -powered smoke alarms must be powered
by a nonremovable, nonreplaceable battery that powers the alarm for at least ten
years.
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
09/06/2024
and for which the charge is 76.61
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 6th day of September, 2024
efrPt-
Notary rulllic in and for Dubuque County, Iowa.
JAMET K. PAPE
Commission Number 199659
My Commission Expires
12/11/2025
Ad text :
CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 49 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14
BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J
PROPERTY MAINTENANCE CODE, SECTION 14-1J-2 INTERNATIONAL
PROPERTY MAINTENANCE CODE AMENDMENTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 14-1J-2 of the City of Dubuque Code of
Ordinances is hereby amended to read as follows:
14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS:
The following additions, deletions, modifications, or
amendments of the International Property Maintenance Code,
2021 edition, adopted in section 14-1J-1 of this article to
read as follows:
Section 605.2. Receptacles. Amended to read:
Every habitable space in a dwelling shall contain not less
than two separate and remote receptacle outlets. Every laundry
area shall contain not less than one grounding -type receptacle
or a receptacle with a ground fault circuit interrupter. Every
bathroom shall contain not less than one receptacle. All
receptacle outlets within six feet (6) of any water source
shall have ground fault circuit interrupter (GFCI) protection.
All receptacle outlets shall have the appropriate faceplate
cover for the location.
Exception: In lieu of every habitable space in a dwelling
containing two separate and remote receptacle outlets, one
receptacle and a separate permanently installed light fixture
is allowable.
704.6.3 Power source. Amended to read:
704.6.3 Power source.
704.6.3.1 General
Single -station smoke alarms shall receive their primary
power the building wiring provided that such wiring is served
from a commercial source and shall be equipped with a battery
backup. Smoke alarms with integral strobes that are not
equipped with battery backup shall be connected to an
emergency electrical system. Smoke alarms shall emit a signal
when the batteries are low. Wiring shall be permanent and
without a disconnecting switch other than as required for
overcurrent protection.
Exceptions:
1. "Smoke alarms are permitted to be solely battery operated
in existing buildings where construction is not taking place,
provided that the battery is nonremovable, nonreplaceable and
powers the alarm for at least ten years.
2."Smoke alarms are permitted to be solely battery operated
in buildings that are not served from a commercial power
source, provided that the battery is nonremovable,
nonreplaceable and powers the alarm for at least ten years.
3. "Smoke alarms are permitted to be solely battery operated
in existing areas of buildings undergoing alterations or
repairs that do not result in the removal of interior walls or
ceiling finishes exposing the structure, unless there is an
attic, crawl space or basement available that could provide
access for building wiring without the removal of interior
finishes, provided that the battery is nonremovable,
nonreplaceable and powers the alarm for at least ten years.
704.6.3.2 Battery -Powered Smoke Alarms in Federally Assisted
Housing
After December 23, 2024, battery -powered smoke alarms listed
in accordance with UL 217 must be powered by a nonremovable,
nonreplaceable battery that powers the alarm for at least ten
years if installed in any of the following federally assisted
housing:
1. "Public Housing, Tenant -Based Assistance, And
Project -Based Assistance The United States Housing Act of 1937
(42 U.S.C. 1437 et seq.)
2. "Supportive Housing For The Elderly .Section 202(j) of the
Housing Act of 1959 (12 U.S.C. 1701q(j))
3."Supportive Housing For Persons With Disabilities Section
811(j) of the Cranston -Gonzalez National Affordable Housing .
Act (42 U.S.C. 8013(j))
4."Housing Opportunities For Persons With AIDS. Section 856
of the Cranston -Gonzalez National Affordable Housing Act (42
U.S.C. 12905)
5."Rural Housing.Title V of the Housing Act of 1949 (42
U.S.C. 1471 et seq.)
6. "Farm Labor Housing Direct Loans & Grants.Section 516 of
the Housing Act of 1949 (42 U.S.C. 1486)
704.6.3.3 Battery -Powered Smoke Alarm Replacement
After January 1, 2025, a battery -powered smoke alarm listed
in accordance with UL 217 that replaces an existing
battery -powered smoke alarm must be powered by a nonremovable,
nonreplaceable battery that powers the alarm for at least ten
years.
Exception: The nonremovable, nonreplaceable battery
requirements do not apply to a fire alarm, smoke detector,
smoke alarm, or ancillary component that is electronically
connected as a part of a centrally monitored or supervised
alarm system; that uses a low -power, radio frequency wireless
communication signal.
704.6.3.4 Battery -Powered Smoke Alarm Compliance Date
On January 1, 2030 all existing battery -powered smoke alarms
must be powered by a nonremovable, nonreplaceable battery that
powers the alarm for at least ten years.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 3rd day of September,
2024.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 6th day of September, 2024.
/s/Adrienne N. Breitfelder, City Clerk
It 9/6